1st DUI

The first offense for a DUI is covered in the Florida Statutes Section 316.193(1) and (2)(a), which includes the following elements:

  1. A person is an actual physical control of the vehicle (has the ability to operate the vehicle regardless whether a person is actually driving);
  2. A person is under the influence of alcohol, chemicals, or controlled substance, and normal faculties are impaired; 
    b. The breath alcohol level is 0.08 or higher; or
    c. The blood alcohol level is 0.08 or above.

First offense DUI is a second degree misdemeanor which is punishable by standard DUI penalties as follows:

  1. Up to 6 months in jail;
  2. Up to 12 months of probation;
  3. 6 months of driver’s license revocation;
  4. A minimum of $500.00 fine up to $1,000.00;
  5. Impoundment of a vehicle for 10 days;
  6. 50 hours of community service;
  7. 12-hour DUI School;
  8. Victim Impact Panel class;
  9. Substance abuse evaluation and treatment if necessary.

DUI charges can be enhanced if the breath alcohol level is above 0.15 or if there is a minor present in the vehicle at the time of the incident. In such cases, the penalties increase as follows:

  1. Up to 9 months in jail;
  2. A minimum of $1,000.00 in fines up to $2,000.00;
  3. 6 months of ignition interlock device
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